The proposed amendments to §34.808, Definitions, add a definition of "immediate family member," as a family member that specifically includes the spouse, child, sibling, parent, grandparent, grandchild, stepparent, stepchild, and stepsibling; and a relationship established by adoption, as provided in Occupations Code §2154.254, relating to Employment of Minors. Cousins, aunts, uncles, nieces, and nephews are not included in the definition of immediate family member. These individuals could work at an owner's retail sales location, but would not fall under the specific allowance for individuals aged 12 to 15. Section 34.808 also amends the definition of "retail fireworks site" to include other structures, vehicles, or surrounding area subject to care and control of the retailer, owner, supervisor, or operator of the retail location. A related proposed change is made for §34.832, relating to fire safety hazards near the site. By amending the term to include those areas, retail fireworks site safety is more effectively ensured.

Section 34.818.

The proposed amendment to §34.818, relating to Specific Requirements for Retail Fireworks Stands, adds a requirement for the minimum distance between fireworks and the front of the customer counter and to the back side of the fireworks stand; and it prohibits fireworks from being displayed on the customer counter or in any manner that allows the customer to handle fireworks without the assistance of an employee. This additional requirement ensures that customers cannot endanger themselves or others. Customers may still examine and handle fireworks if an attendant is assisting the customer.

Section 34.823.

The proposed amendment to §34.823, relating to Bulk Storage of Fireworks 1.4G, establishes a requirement for a fire sprinkler system if a fireworks storage facility's floor space exceeds 12,000 square feet, and it allows for additional or more restrictive fire protections that may be adopted by a political subdivision. This proposed requirement will reduce the potential danger inherent in large fireworks storage facilities. Fire sprinklers can slow or stop small fires (reducing the likelihood of detonating the large quantities of explosive materials in fireworks storage facilities), giving the occupants additional time to exit the building and potentially providing emergency responders with additional time to reach the scene. The proposed change is consistent with the NFPA 1 Fire Code paragraph 13.3.2.23.1(2).

Section 34.832.

Section 34.832 relates to Specific Requirements for Retail Fireworks Sites Other Than Stands. The proposed amendment to §34.832(8) modifies the requirement for business owners to provide written notification to the local fire department and county fire marshal about the location of a building that sells or stores fireworks. HB 1150, 84th Legislature (2015), added additional dates during which fireworks can be sold. Some of these additional sales periods are other than the July Fourth sales period. So the proposed amendment removed the June 14 notice date and instead requires the licensee or licensed fireworks retailer to notify the AHJ about its intention to store or sell fireworks before the time period fireworks will be stored or sold. This amendment will allow local first responders and fire safety officials to continue to have timely notice about when and where fireworks are sold.

The proposed amendment to §34.832(11) provides that extension cords may not be plugged in to a power strip. Power strips are temporary wiring and are not designed to safely provide power to extension cords. This temporary wiring is not intended to be plugged in to one another, and doing so creates a dangerous fire hazard (NFPA 1, paragraph 11.1.6.2). The proposed amendment to §34.832(20) provides that an indoor fireworks retail site must not display fireworks on the customer counter or in any manner that allows the customer to handle fireworks without an attendant directly assisting the customer.

Section 34.833.

New §34.833, relating to Military Service Members, Military Veterans and Military Spouses reflects the statutory protections for military service members, military veterans, and military spouses as provided in Occupations Code Chapter 55 and as amended by SB 807 and SB 1307. The proposed rule puts all military-related waivers and exemptions in one section so that applicable persons are on notice that the provisions may apply to them. Section 34.833(a) implements SB 807 and provides for waiver of application and examination fees for certain military service members, military veterans, or military spouses. Section 34.833(b) implements SB 1307, Section 8, and provides specific credit for verified military service with respect to apprentice requirements. Section 34.833(c) implements SB 1307, Section 4, and provides for the extension of license renewal deadlines for certain military service members. Section 34.833(d) implements SB 1307, Section 5, and provides for waiver of license prerequisites for certain military service members, military veterans, and military spouses. Other benefits, exemptions, or waivers that are due to military service members, military veterans, and military spouses as provided in state or federal law may also apply.

SUBCHAPTER J. STOVETOP FIRE SUPPRESSION DEVICE APPROVAL

Sections 34.1001 - 34.1004

The subchapter is proposed for repeal. SB 14, 78th Texas Legislature (2003), repealed Insurance Code Articles 5.33A and 5.33C, providing for certificates used for premium credits and discounts on insurance rates, including credits or discounts for certain stovetop fire suppression devices.

SUBCHAPTER M. SCHEDULED ADMINISTRATIVE PENALTIES

Section 34.1302

The proposed amendment to §34.1302 amends the previous penalty schedules and creates a new penalty schedule. The amendment to the penalty schedule for fire sprinkler violations corrects the description for two listed violations. The existing penalty schedules in Figure: 28 TAC §34.1302(a), Figure: 28 TAC §34.1302(b), and Figure: 28 TAC §34.1302(c) are amended to include additional violations. The current department penalty schedules, in effect since 2013, have promoted efficient and timely resolution of minor administrative violations. The new schedule, Figure: 28 TAC §34.1302(e), provides similar penalties for minor violations of statute and rules related to fireworks distributors.

FISCAL NOTE AND LOCAL EMPLOYMENT IMPACT STATEMENT. Ernest McCloud, director, State Fire Marshal's Office, has determined that for each year of the first five years the proposed amendments, repeals, and new sections are in effect, there will be no measurable fiscal impact to state and local governments as a result of the enforcement or administration of this proposal. The proposal requires the licensee or licensed firm to notify AHJs about the correction of certain yellow- and red-tagged or labelled systems. These additional notifications are not expected to add additional costs to AHJs. Mr. McCloud does not anticipate any measurable effect on local employment or the local economy as a result of this proposal.

PUBLIC BENEFIT AND COST NOTE. Mr. McCloud also determined that for each year of the first five years the proposed amendments, repeals, and new sections are in effect, the anticipated public benefit as a result of the proposal is the preservation of public health and safety through clarified regulations, better notice to AHJs of fire protection tag and label corrections, requirements for certain conduct, prohibitions on other certain conduct, and amended penalty schedules.

Cost of amendments to Subchapter C. Standards and Fees for State Fire Marshal Inspections.

The department does not expect additional costs of compliance because of the proposed definition.

Cost of amendments to Subchapter E. Fire Extinguisher Rules.

The department does not expect additional costs for affected persons to comply with the proposed amendment in §34.510, relating to Certificates of Registration, to adequately equip business vehicles. The department expects that licensees already have the tools and reference materials required to provide the services that licenses are contracted to perform. But, for those licensees who do not have adequately equipped vehicles, the department expects licensees to incur costs from $500 to $1,000 for tools and $500 to $1,000 for the adopted standards and reference materials. Each licensee can decide whether to provide hard copies of the adopted standards and other reference materials, or whether an electronic device to access to the standards is most cost effective and appropriate.

The department estimates that costs for affected persons to comply with the proposed amendment to §34.514, relating to Applications, will be approximately $5 per application. The Department of Public Safety provides a mechanism for individuals to order their own criminal history report. The cost of that criminal history report is $3 plus an added fee, the amount of which depends on the payment method the applicant uses. Applicants can determine the exact amount of the additional fee by logging on to the Department of Public Safety website, clicking on "purchase credits" under the criminal history section, and selecting a payment method. Currently, applicants who pay by credit card will pay an additional 2.25 percent of the order plus $0.25. Individuals living outside of Texas may be required by the Texas Department of Public Safety to have their fingerprints taken by the Texas Department of Public Safety's vendor. Currently, that vendor is MorphoTrust USA, and that entity charges approximately $40 to process fingerprints.

The department expects no additional costs for affected persons to comply with the proposed amendment to §34.517, relating to Installation and Service. The proposed amendment adds flexibility to allow system installation and servicing to conform to standards adopted by the political subdivision in which the system is installed. This flexibility will not add to the costs to affected persons, and may reduce them. The proposed amendment to indicate on the service tag the temperature and quantity for fusible metal alloy elements will require minimal additional time by licensed personnel. Licensees already complete the tag information, and recording the additional information should not require substantially more time. The proposed amendment also adds back a safety requirement related to pre-engineered dry chemical fixed fire extinguisher systems. The department expects that affected persons are already complying with the requirement, or they can alter their operations without additional costs.

The department expects that costs for affected persons to comply with the proposed amendments to §34.521, relating to Red Tags, to be approximately $5. Licensees already submit red tags to the AHJ when they identify a problem. Licensees should be able to estimate the costs of submitting the notice of correction of the problem to the AHJ, as required by the proposed amendment, based on the costs associated with the current requirement to submit the tags to the AHJ. The department estimates that most licensees will require approximately 10 minutes per corrected tag notification. It is not feasible for the department to determine the actual employee costs for filing entities; however, the United States Department of Labor, Bureau of Labor Statistics' May 2012 Occupational Employment Statistics report indicates that the hourly mean wages for professions in Texas, as referenced in this cost analysis, are $26.15 for office and administrative workers. Therefore, the department estimates the cost of complying with the proposed amendments to §34.521 to be approximately $5. The department estimates the cost of making an electronic submission to the AHJ will be minimal and it is impossible to pinpoint the exact cost; and the cost of a mail submission will be less than $5 in aggregate for postage, envelope, paper, and mail preparation.

The department does not expect new costs for affected persons to comply with the proposed new §34.524, relating to Military Service Members, Military Veterans, or Military Spouses. The proposed new section restates the existing statutory provisions of Occupations Code Chapter 55. The proposal will reduce costs for military service members, military veterans, and military spouses to obtain a license because it waives costs and other requirements for them.

Cost of amendments to Subchapter F. Fire Alarm Rules.

The department does not expect additional costs for affected persons to comply with the proposed requirements in §34.609, relating to Approved Testing Organizations, or §34.615, relating to Test. The amendments to these two sections allow for ESA as a testing standards organization for testing license applicants. As a result of the proposed amendments, an additional testing standard organization is recognized.

The department expects that costs for affected persons to comply with the proposed amendment to §34.613, relating to Applications, will be approximately $5 per application. The Department of Public Safety provides a mechanism for individuals to order their own criminal history report. The cost for the report is $3 plus an added fee, the amount of which depends on the payment method the applicant uses. Applicants can determine the exact amount of the additional fee by logging on to the Department of Public Safety's website, clicking on "purchase credits" under the criminal history section, and selecting a payment method. Currently, applicants who pay with a credit card will incur a fee equaling 2.25 percent of the order plus $0.25. Individuals living outside of Texas may be required by the Texas Department of Public Safety to have their fingerprints taken by the Texas Department of Public Safety's approved vendor. Currently, that vendor is MorphoTrust USA, and that entity charges approximately $40 to process fingerprints. The other amendments to §34.613 are nonsubstantive clarifications and are not expected to create additional costs of compliance to licensees.

The department expects additional costs for affected persons to comply with the proposed amendment to §34.616, relating to Sales, Installation, and Service, but does not expect additional costs to comply with the proposed amendments to §34.616(b), which are substantive and nonsubstantive clarifications of existing requirements. The proposed amendments in this section also add flexibility to allow system installation and servicing to conform to standards adopted by the political subdivision in which the system is installed. This flexibility will not add to the costs to affected persons, and may reduce them.

The department expects that there may be costs for affected persons to comply with the proposed amendment to §34.616(d) regarding record keeping. The proposed two-year record keeping requirement for firms is consistent with NFPA standards, but is newly specified in the proposed rule. The department expects that firms may incur additional costs related to the administrative work of organizing and maintaining the records. It is not feasible for the department to determine the actual employee costs for these entities. As stated in the cost associated with §34.521, the hourly mean wages for office and administrative workers is $26.15, and the department estimates the proposed requirement will be 25 to 50 additional hours per year. The cost of complying with the proposed amendment to §34.521 could be $650 to $1,310. But many affected firms already have records retention policies consistent with this requirement, and will not incur additional costs.

The department expects that there may be costs for affected persons to comply with the proposed amendment to §34.622, relating to Inspection Test Labels, but does not expect a cost associated with the proposed new subsection (c), since the requirement only alters the timing of the placement of the inspection/test label. The department does expect administrative costs associated with affected persons complying with new proposed subsection (e). The proposed new subsections require licensees to send notices to AHJs with respect to the correction of a fault or impairment. Licensees should be able to estimate the costs of submitting the notice of correction to an AHJ, as required by the proposed amendment, based on the costs associated with the current requirement to submit tags to the AHJ. Most licensees will require approximately 10 minutes per corrected tag notification. It is not feasible for the department to determine the actual employee costs for these entities. As stated in the cost estimate associated with §34.521, the hourly mean wages for office and administrative workers is $26.15, so the department estimates the cost of complying with the proposed amendment to §34.521 to be approximately $5. The department estimates the cost of making an electronic submission to be minimal and impossible to reasonably estimate, and the cost of a mail submission will be less than $5 in aggregate for postage, envelope, paper, and mail preparation.

The department does not expect any additional costs associated with the proposed inspection/test adhesive label in §34.622. Affected persons may use their current supplies of adhesive labels, and additional inspection/test labels of the appropriate size will not cost substantially more. The proposed amendments also require recording the name and address of the business where the inspection occurred on the tag in Figure: 28 TAC §34.622(i). Licensees already complete the tag information, so recording the additional information will not require substantially more time.

The department expects that there may be costs for affected persons to comply with the proposed amendments to §34.623, relating to Yellow Labels, and §34.624, relating to Red Labels. The proposed amendments require the licensee to send notices of correction of a fault or impairment to the AHJ. Licensees should be able to estimate the costs of submitting the notice of correction to an AHJ, as required by the proposed amendment, based on the costs associated with the current requirement to submit tags to the AHJ. The department estimates that most licensees will require approximately 10 minutes per corrected tag notification. It is not feasible for the department to determine the actual employee costs for filing entities. As stated in the cost estimated associated with §34.521, the hourly mean wages for office and administrative workers is $26.15, so the department estimates the cost of complying with the proposed amendments to §34.521 will be approximately $5. The department estimates the cost of making an electronic submission to be minimal and impossible to reasonably estimate, but the cost of a mail submission will be less than $5 in aggregate for postage, envelope, paper, and mail preparation.